Edgar Joseph Jr. SCJ:

Broadly stated, in this suit the plaintiffs claimed that at all material times, they were and are lawful and protected tenants and that they are entitled in law and equity to possession of that portion of the land forming part of the holding No. 3532, Mukim 13, NED, Penang, Lot 2497, Mukim 13, NED, Penang, in area 121 ,619 sq. ft. (or 2. 8 acres) delineated in the plan P16 ("the plot concerned") on which are situated their two dwelling houses, bearing numbers 258 K and 259 H ("the two dwelling houses") and their vegetable farm ("the farm").

At all material times to this suit the registered proprietors of holding No. 3532 (popularly known as "Thean Teik Estate") were and are the trustees of Khoo Kongsi.

More particularly, the plaintiffs' claim against the defendants is founded on trespass and nuisance, allegedly committed by the first defendant Perumahan Farlim (Penang) Sdn. Bhd. and by their servants or agents the second defendant Sriwata Sdn.Bhd., as developers and contractors, respectively on 18 June 1982 on a portion of the plot concerned etched black on the plan P14, and by the third defendant Perumahan Farlim (Malaysia) Sdn. Bhd. and their serv